Estes v. Jones

• Decision Date: 03 February 1919
• Docket Number: 20488
• Citation: 80 So. 526,119 Miss. 142
• Court: Mississippi Supreme Court
• Parties: ESTES v. JONES

80 So. 526

119 Miss. 142

ESTES v. JONES

No. 20488

Supreme Court of Mississippi

February 3, 1919

Division B

1. PRINCIPAL AND AGENT. Undisclosed agency. Liability of agent.

Where an agent makes a contract without disclosing the fact that he is acting as agent, he is personally bound.

2. MASTER AND SERVANT. Wrongful discharge. Change of contract.

While it is ordinarily true that a manager would have to follow the directions of his employer in managing the place, where such directions and instructions are reasonable, yet the parties may, by the express terms of the contract, so agree as to divest the owner or employer of the right to direct and control the manager.

3 SAME.

It is competent for the parties to contract so as to give the manager the exclusive right to determine what shall be done and who shall be employed and who discharged, and if the parties do so contract, the employer cannot without the consent of the manager, change or alter the contract so made.

4. APPEAL AND ERROR. Finding of jury on conflicting evidence. Review.

The supreme court, on appeal, will not disturb the finding of the jury on conflicting evidence.

HON. S J. OSBORN, Special Judge.

Appeal from the circuit court of Washington county, HON. S. J OSBORN, Special Judge.

Suit by S. R. Jones against A. J. Estes. From a judgment for plaintiff, defendant appeals.

The facts are fully stated in the opinion of the court.

Judgment affirmed.

Percy Bell, for appellant.

Percy & Percy, for appellee.

OPINION

ETHRIDGE, J.

S. R. Jones filed suit against A. J. Estes for wrongfully discharging said Jones as manager of a plantation in the year 1916. Mrs. Jones, wife of appellee, testified as to the contract employing Jones that Estes said:

"Mr. Jones, I want a man to manage the plantation, and I will give you the work. I will expect you to supervise the farming operation and have entire charge of the plantation. Your duties will be to ride over the tenants and have the supervision of everything; I will furnish you with an assistant; . . . he is a good hand with gear and mules; he will look after the gear and mules, and stay with the day hands, . . . and if at any time his services are not satisfactory you may discharge him, because I am looking to you to deliver the goods."

S. R. Jones, appellee, testifies as to the contract as follows:

"We discussed my taking the place; . . . I hired to him, and he was to give me one hundred dollars per month and furnish me a house to live in, wood and such stuff on the plantation. . . . I assured him if I took the place I wanted free range; I wanted to go the limit. . . . I then took up with him the question of my duties. . . . I said if you are going to look to me to deliver the goods I would like to furnish my own man. He said: "I have a young man at home who is a good hand with mules, teams, and things like that; I think you will find him all right, and if you don't find him all right you can send him back. I look to you to deliver the goods, and it will suit him to go back to Missouri; you can then select your own hand.' I went to work. He was to give me one hundred dollars per month, and I was to actually have charge of the plantation. This man (meaning the assistant) was to go to the lot in the morning and get the mules out and look after the day hands."

This contract continued from year to year without any specific new agreement. Jones had employed an assistant by the name of Shock. In 1916 Shock got into some difficulty with one of the laborers on the place and Jones discharged him. When Shock was discharged Mr. Estes came down and finally ratified the discharge of Mr. Shock and agreed to furnish another assistant; he stated to Mr. Jones that he would send his (Estes') son to assist him, and Jones asked Estes:

"I want to know how your son is coming; if he is coming I want to know if I am going to boss your son or he boss me."

And Estes said: "My son will come as your assistant altogether."

And Jones said: "If he comes as my assistant and under my authority, I will be glad to have him."

Estes returned to Missouri, where he lived, and wrote a letter to Jones in which he sated that he was sending his son; from which we quote as follows:

"I have arranged with my son Ambrose to come down and assist you; he will leave in a day or two for the plantation. . . . Now I do not want him to take Mr. Shock's place, but I want him to assist you and be under your supervision. In other words, I do not want him to succeed you, but owing to recent difficulties there on the plantation I want him to do the riding principally among the tenants over the plantation; I will expect you as you have the day labor, and are thoroughly acquainted with the condition of the mules, harness, machinery implements and other work that goes in your way."

Mr. Jones thereupon wrote Mr. Estes, from which we quote:

"I am perfectly willing, in fact anxious, to complete my contract. I am on the ground discharging my duties to the best of my ability under the contract. I will not, however be willing for your son to manage the tenants and me assume Mr. Shock's duties, and so advised him this morning. If he or you are not willing for him to assume Mr. Shock's place will respectfully ask that you send me a man who will. If you insist on him riding the tenants, and my assuming...